ILNews

High court to hear challenge to tests admittance

IL Staff
December 21, 2009
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The Indiana Supreme Court has agreed to take the case of a man charged with drunk driving who challenges the admittance of two tests used to prove his intoxication.

The high court granted transfer Dec. 17 to Roger L. Brown v. State of Indiana, No. 12S02-0912-CR-560, in which the Indiana Court of Appeals affirmed Roger Brown's two convictions of Class D felony operating a vehicle while intoxicated resulting in bodily injury. Brown argued the trial court shouldn't have allowed evidence of his horizontal gaze nystagmus test or evidence of his blood draw because the state failed to lay a proper foundation for either test.

In its original opinion, and on rehearing, the Court of Appeals affirmed the admittance of the HGN test. The appellate court found the trial court abused its discretion in admitting Brown's blood draw because the state didn't establish that the lab technician who drew the blood collected it under the direction of or under a protocol prepared by a physician. The technician followed protocol she learned in school, not the hospital's blood sample lab protocol.

Despite finding his blood test couldn't be admitted, the Court of Appeals affirmed Brown's convictions because the state was able to prove he was intoxicated and his driving caused the victims' injuries.

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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